Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity (Supply) Act 1948 Section 78A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity (Supply) Act, 1948 Section 78A-Direction given by the State Government-Electricity Board is to be guided by any such direction -If view expressed by the State Government exceeds area of policy-Board not bound by it-Unless it also takes the same view on merits-Direction of State Government to fix a concessional tariff for agricultural pump sets at a flat rate per H.P.-Question of policy-Mandatory for the board to follow.Constitution of India-Article 14--Electricity tariff-Preferential treatment to agricultural consumers-Not violative of Article 14-Claim of High Tension consumers to be classified alongwith agriculturists-Untenable.By virtue of a direction given by the A.P. State Government u/s 78A of the Electricity (Supply) Act, 1948 the Oat rate tariff system for agricultural pump-sets was introduced and the rate was varied from time to time. The Andhra Pradesh State Electricity Board was accordingly requested to take immediate necessary action. The Board introduced the concept of "Fuel Adjustment Cost" (FCA) by amending the H.T. tariffs.Certain 'power intensive units' filed Writ Petitions questioning the levy of FCA only upon High Tension consumers and the fixation of Oat rate tariff for agriculturists. The High Court dismissed the petitions holding that it was neither irrational nor unreasonable to pass on the burden of rise in fuel cost only to High Tension consumers and the Oat rate tariff system for agricultural pump sets being a concession in favour of an under-privileged category of consumers was a policy decision which was not open to challenge.The questions raised for determination in this court were regarding the nature and effect of the direction given by the State Government u/s 78A of the Electricity (Supply) Act, 1948 and whether the preferential treatment given to agricultural consumers was violative of Article 14 of the Constitution. |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1995 INSC 149 |
Petitioner | M/s. Real Food Products Ltd. And Ors. Etc. Etc. |
Respondent | A.p. State Electricity Board And Ors. |
SCR | [1995] 2 S.C.R. 396 |
Judgement Date | 1995-03-01 |
Case Number | 3511-22 |
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